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Author: Joel Miller
Publisher:
ISBN: 9781936543045
Category :
Languages : en
Pages :
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Book Description
This book presents the procedural requirements for practice before the USPTO Patent Trial and Appeal Board, and covers appeals from patent examination and the America Invents Act trial proceedings: inter partes review, post?grant review, covered business method patent review, and derivation. The book draws from statutes, legislative history, final rules and rulemaking notices, the USPTO Manual of Patent Examining Procedure (MPEP), and case law, as well as principles of appellate and trial advocacy tailored to practice before the Board. For additional information about the book, including a list of the chapters, please visit www.JoelMillerLaw.com/ptab-book.shtml.
Author: Joel Miller
Publisher:
ISBN: 9781936543045
Category :
Languages : en
Pages :
Get Book Here
Book Description
This book presents the procedural requirements for practice before the USPTO Patent Trial and Appeal Board, and covers appeals from patent examination and the America Invents Act trial proceedings: inter partes review, post?grant review, covered business method patent review, and derivation. The book draws from statutes, legislative history, final rules and rulemaking notices, the USPTO Manual of Patent Examining Procedure (MPEP), and case law, as well as principles of appellate and trial advocacy tailored to practice before the Board. For additional information about the book, including a list of the chapters, please visit www.JoelMillerLaw.com/ptab-book.shtml.
Author: Erika Harmon Arner
Publisher:
ISBN: 9781634255721
Category : Law
Languages : en
Pages : 326
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Book Description
Trials before the Patent Trial and Appeal Board (PTAB) are a hybrid of conventional patent prosecution and patent litigation practices. Successfully navigating a PTAB trial may entail tasks ranging from analyzing highly technical prior art to deposing scientific experts, drafting patent-claim amendments, and arguing at an oral hearing before an expert panel. The authors, all experienced litigators who have handled several hundred PTAB proceedings, explain the PTAB statutes and rules, including recent updates and rule changes, along with lessons learned from the growing body of Federal Circuit case law reviewing final PTAB decisions. They include strategic guidance on litigating these cases along with a description of a PTAB trial from petition preparation to appeals to the Court of Appeals for the Federal Circuit.
Author: Joel Miller
Publisher:
ISBN: 9781936543038
Category :
Languages : en
Pages :
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Book Description
This book presents the procedural requirements for practice before the USPTO Patent Trial and Appeal Board, and covers appeals from patent examination and the America Invents Act trial proceedings: inter partes review, post-grant review, covered business method patent review, and derivation. The book draws from statutes, legislative history, final rules and rulemaking notices, the USPTO Manual of Patent Examining Procedure (MPEP), and case law, as well as principles of appellate and trial advocacy tailored to practice before the Board.For additional information about the book, including a list of the chapters, please visit www.JoelMillerLaw.com/ptab-book.shtml.
Author: Oblon Spivak LLP
Publisher:
ISBN: 9781402418419
Category :
Languages : en
Pages : 0
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Book Description
The America Invents Act created the Patent Trial and Appeal Board which is akin to the Board of Patent Appeals and Interferences and which will preside over various new proceedings designed to provide parties with a more effective venue in which to litigate patent validity. The most commonly used procedure will be inter partes review, which effectively replaces inter partes reexamination as of September 16, 2012. Other post-grant proceeding include Post-Grant Review and the Transitional Program for Covered Business Method Patents. Post-Grant Proceedings Before the Patent Trial and Appeal Board guides readers through the process of initiating a post-grant proceeding, taking discovery, seeking sanctions, proposing and opposing claim amendments, effectively advocating at the oral hearing, appealing to the Federal Circuit, and handling a wide array of issues involving co-pending district court litigation. Updated at least once a year, Post-Grant Proceedings Before the Patent Trial and Appeal Board is a comprehensive and indispensable resource for anyone involved in a proceeding before the Patent Trial and Appeal Board.
Author: Joel Miller
Publisher:
ISBN: 9781936543021
Category : Patent laws and legislation
Languages : en
Pages : 338
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Book Description
Building upon two prior publications, this book presents the procedural requirements for practice before the USPTO Patent Trial and Appeal Board, and covers appeals and the four new trial proceedings created by the America Invents Act: inter partes review, post-grant review, covered business method patent review, and derivation. The book draws from the statutes, legislative history, the final rules and rulemaking notices (including the 2012 revisions to the ex parte appeal rules and the newly-enacted trial rules), the USPTO Manual of Patent Examining Procedure (MPEP), and case law, as well as principles of appellate and trial advocacy tailored to practice before the Board. For additional information about the book, including a list of the chapters, please visit http://www.JoelMillerLaw.com/ptab-book.shtml.
Author: United States. Trademark Trial and Appeal Board
Publisher:
ISBN:
Category : Trademarks
Languages : en
Pages : 718
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Book Description
Author: The Law Library
Publisher: Independently Published
ISBN: 9781790759149
Category :
Languages : en
Pages : 40
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Book Description
The Law Library presents the complete text of the Rules of Practice for Trials Before the Patent Trial and Appeal Board (US Patent and Trademark Office Regulation) (PTO) (2018 Edition). Updated as of May 29, 2018 This final rule amends the existing consolidated set of rules relating to the United States Patent and Trademark Office (Office or USPTO) trial practice for inter partes review ("IPR"), post-grant review ("PGR"), the transitional program for covered business method patents ("CBM"), and derivation proceedings that implemented provisions of the Leahy-Smith America Invents Act ("AIA") providing for trials before the Office. This ebook contains: - The complete text of the Rules of Practice for Trials Before the Patent Trial and Appeal Board (US Patent and Trademark Office Regulation) (PTO) (2018 Edition) - A dynamic table of content linking to each section - A table of contents in introduction presenting a general overview of the structure
Author: The Law Library
Publisher: Independently Published
ISBN: 9781790846085
Category :
Languages : en
Pages : 144
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Book Description
The Law Library presents the complete text of the Rules of Practice for Trials before Patent Trial and Appeal Board and Judicial Review of Patent and Trial and Appeal Board Decisions (US Patent and Trademark Office Regulation) (PTO) (2018 Edition). Updated as of May 29, 2018 The United States Patent and Trademark Office (Office or USPTO) is revising the rules of practice to implement the provisions of the Leahy-Smith America Invents Act ("AIA") that provide for trials before the Patent Trial and Appeal Board (Board). This final rule provides a consolidated set of rules relating to Board trial practice for inter partes review, post-grant review, the transitional program for covered business method patents, and derivation proceedings. This final rule also provides a consolidated set of rules to implement the provisions of the AIA related to seeking judicial review of Board decisions. This ebook contains: - The complete text of the Rules of Practice for Trials before Patent Trial and Appeal Board and Judicial Review of Patent and Trial and Appeal Board Decisions (US Patent and Trademark Office Regulation) (PTO) (2018 Edition) - A dynamic table of content linking to each section - A table of contents in introduction presenting a general overview of the structure
Author: CreateSpace Independent Publishing Platform
Publisher: Createspace Independent Publishing Platform
ISBN: 9781722250386
Category :
Languages : en
Pages : 84
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Book Description
Investigative report: U.S.Patent and Trademark Office : review of waste and mismanagement at the Patent Trial and Appeal Board.
Author: Timothy R. Holbrook
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
This Article explores the potential impact the The Patent Trial and Appeal Board (PTAB) could have on broader claim construction doctrine. It starts by offering an overview of claim construction in the courts and in the USPTO. It then considers the potential unintended consequence of a particular Federal Circuit decision, Marine Polymer. Marine Polymer decided a seemingly narrow question: whether the defense of intervening rights could be triggered only by a narrowing amendment at the USPTO or whether a disclaimer of claim scope could also create intervening rights. The court decided the former such that disclaimers of claim scope, absent an amendment, do not trigger intervening rights. A number of PTAB decisions have taken this holding more broadly, prohibiting parties in IPR proceedings from arguing for any disclaimer. Patent holders in this position can be in a bit of a bind because the PTAB has also been very reluctant to allow patent claim amendments during IPR proceedings. If the Federal Circuit agrees with the PTAB's approach, it could signal a waning of the use of prosecution disclaimer. The PTAB's approach presents some interesting issues that the next part of the Article explores. It examines the difference between a formal claim construction by an examiner or the PTAB versus the seemingly implicit construction that is reflected in prosecution disclaimer doctrine. At times the Federal Circuit has noted it is not bound by USPTO constructions yet, in estoppel-like fashion, it does bind the patent holder to potentially narrowing arguments made during a USPTO proceeding. What really is the difference? And if the USPTO is increasingly performing formal claim construction, what role, if any, remains for prosecution disclaimer? Could the statutory estoppel provisions and collateral estoppel step in to eliminate the use of prosecution disclaimer at least for those patents that go through IPR proceedings? Finally, this Article explores the potential for issue preclusion to arise from PTAB claim constructions. The Supreme Court recently affirmed the use of BRI in IPR proceedings, which means the claim construction standard between PTAB post-issuance proceedings and district courts will continue to differ. Nevertheless, the potential for issue preclusion remains. The Supreme Court held, in B & B Hardware, Inc. v. Hargis Industries, Inc., that a decision by the Trademark Trial and Appeal Board (TTAB) can preclude relitigation of the issue of likelihood of consumer confusion, even though that standard varies widely across the country. This Article considers the parallel situation of PTAB claim construction determinations in light of that Supreme Court precedent, concluding that issue preclusion very well may arise from PTAB claim construction determinations.
